Effective Date: 01/04/2025
Welcome to fortmindz.com, the official website of Fortmindz Private Limited. By accessing or using our website and services, you agree to comply with and be bound by the following Terms of Use (“Terms”). Please read these Terms carefully. If you do not agree, you may not use our website or services.
1.1 This website is owned and operated by Fortmindz Private Limited (“Fortmindz”), a company incorporated in India under CIN U72900WB2022PTC258288, with its registered office at Suite 604 & 1403, Sidco Global Tower, CN-8/2, CN Block, Sector V, Bidhannagar, Kolkata, West Bengal 700091.
1.2 The entire content of this website, including text, graphics, logos, designs, software, and code, is protected by copyright and is the intellectual property of Fortmindz Private Limited. Unauthorised reproduction or distribution of any materials is strictly prohibited.
1.3 The services provided by Fortmindz Private Limited include assigning remote employees (“resources”), such as developers, designers, QA engineers and other professionals, to customer projects, as well as providing end-to-end software development, product engineering and technology consulting services.
1.4 By submitting a request form, initiating a project, engaging Fortmindz resources, or otherwise engaging with Fortmindz, the customer agrees to these Terms of Use. These Terms apply to all users of the website, including browsers, clients and contributors.
2.1 Resources are full-time employees of Fortmindz Private Limited and work directly with customers under the direction of the customer’s project leads, subject to Fortmindz’s internal HR policies.
2.2 Resource allocations, including working hours, start dates and scope of work, will be confirmed via written communication (email or project agreement).
2.3 Fortmindz provides initial onboarding support, including resource introductions and communication protocols, to ensure smooth project integration.
2.4 Fortmindz may offer proprietary tools such as Fortmindz Team and Fortmindz Share for project management and collaboration. Use of these tools is subject to any additional terms communicated at the time of access. Data stored in these tools remains subject to Fortmindz’s Privacy Policy.
2.5 Customers are solely responsible for reviewing and accepting the performance of the work products developed by assigned resources. Fortmindz will endeavour to address reasonable performance concerns raised promptly and in good faith.
3.1 Customers may cancel assigned resources at any time after the agreed trial or test period by providing at least 15 days’ prior written notice per resource.
3.2 In the event of idle time due to a lack of task assignment by the customer, such time will remain billable to the customer at the agreed resource rate. Fortmindz will not be held responsible for unassigned idle time where no tasks have been provided.
3.3 Both parties agree to communicate proactively to minimise unproductive idle time and ensure effective resource utilisation throughout the engagement.
4.1 If assigned resources require access to third-party software not available through Fortmindz, the customer must provide a valid and current licence for such software.
4.2 Customers are responsible for all project-related expenses, including but not limited to software licences, travel, accommodation, shipping, domain registrations, cloud hosting costs and other costs pre-approved in writing by the customer (“Project Costs”).
4.3 Project Costs will be included in subsequent invoices at cost, without markup, unless otherwise agreed in writing.
5.1 Unless otherwise agreed in a separate project agreement or statement of work, Fortmindz’s standard payment terms are net 15 days from the date of invoice.
5.2 All invoices are denominated in the currency specified in the engagement agreement. In the absence of a specified currency, invoices will be denominated in Indian Rupees (INR) for domestic clients and in US Dollars (USD) for international clients.
5.3 Late payments will attract interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance, calculated from the due date until the date of actual payment.
5.4 Any disputes regarding an invoice must be raised in writing within 7 days of the invoice date. Undisputed portions of an invoice must be paid by the due date regardless of any dispute on other portions.
5.5 Fortmindz reserves the right to suspend services if any invoice remains unpaid for more than 30 days beyond the due date, without prejudice to any other remedies available.
6.1 Fortmindz reserves the right to modify resource allocation terms, including billable rates or specific resource duties, with at least 30 days’ prior written notice to the customer.
6.2 Customers may request a change in resource allocation by providing written notice. Fortmindz will use reasonable commercial efforts to accommodate such requests subject to resource availability
7.1 All intellectual property rights related to Fortmindz’s proprietary tools, branding, internal methodologies, reusable code libraries, and training materials remain the exclusive property of Fortmindz Private Limited.
7.2 Subject to full payment of all applicable fees, Fortmindz assigns to the customer all intellectual property rights in work products created specifically and exclusively for the customer under a project engagement, including source code, designs and documentation. This assignment does not extend to pre-existing Fortmindz IP, third-party open source components, or Fortmindz’s general-purpose tools and frameworks.
7.3 Where work products incorporate open source software, Fortmindz will disclose the applicable licences. The customer is responsible for complying with the terms of any open source licences used in the deliverables.
7.4 The customer grants Fortmindz a limited, non-exclusive, royalty-free licence to use the customer’s materials, data and systems solely to the extent necessary to perform the agreed services.
8.1 Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”).
8.2 Confidential Information includes, but is not limited to: business strategies, product roadmaps, technical specifications, pricing, client lists, financial information, and any personal data shared in connection with the engagement.
8.3 Neither party will disclose the other’s Confidential Information to any third party without prior written consent, and will use it only for the purposes of performing obligations under these Terms.
8.4 The confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was already known to the receiving party; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order (with prompt prior notice where legally permissible).
8.5 Where the parties execute a separate Non-Disclosure Agreement (NDA), the terms of that NDA shall govern confidentiality obligations and shall prevail over this Section 8 in the event of any conflict.
9.1 You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party.
9.2 You agree not to:
9.3 Fortmindz reserves the right to restrict or terminate your access to the website immediately if you breach this section.
10.1 This website and its content are provided on an “as is” and “as available” basis without any representation, warranty or guarantee of any kind, whether express, implied or statutory.
10.2 To the maximum extent permitted by applicable law, Fortmindz expressly disclaims all warranties, including but not limited to:
10.3 Nothing in these Terms affects your statutory rights as a consumer where these cannot be excluded by law.
11.1 To the maximum extent permitted by applicable law, Fortmindz Private Limited, its directors, employees, contractors, agents and licensors shall not be liable for any:
11.2 Fortmindz’s total aggregate liability to any customer or user arising from or in connection with these Terms or the services provided under them shall not exceed the total fees paid by that customer to Fortmindz in the three months immediately preceding the event giving rise to the claim.
11.3 Nothing in these Terms limits or excludes Fortmindz’s liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited by applicable law.
11.4 The limitations in this section reflect a fair allocation of risk between the parties and are a fundamental element of the basis of the agreement between the parties.
12.1 The customer agrees to indemnify, defend and hold harmless Fortmindz and its directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
13.1 Neither party shall be in breach of these Terms or liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, strikes, power failures, internet outages, or failures of third-party infrastructure providers.
13.2 The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable commercial efforts to resume performance as soon as possible.
13.3 If a force majeure event continues for more than 60 days, either party may terminate the affected engagement by written notice, without liability, subject to payment for work completed up to the date of termination.
The customer may terminate this Agreement at any time, provided all resource allocations have been formally concluded with the required notice period (Section 3.1) and any outstanding account balances are paid in full.
Fortmindz may terminate this Agreement or suspend services with written notice if the customer:
15.1 Fortmindz processes personal data in accordance with its Privacy Policy, available at fortmindz.com/privacy-policy/. By using this website or engaging Fortmindz’s services, you acknowledge that you have read and understood the Privacy Policy.
15.2 In the context of a client engagement, the parties may enter into a separate Data Processing Agreement (DPA) where Fortmindz processes personal data on behalf of the customer as a data processor under the Digital Personal Data Protection Act 2023 (India), GDPR (EU/UK), or other applicable data protection law.
15.3 Fortmindz is committed to compliance with the Digital Personal Data Protection Act 2023 and applicable international data protection regulations including the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) as relevant to its operations.
16.1 These Terms and any disputes arising from or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
16.2 Subject to Section 17 (Dispute Resolution), the courts of Kolkata, West Bengal, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
16.3 For customers located outside India, nothing in this clause prevents Fortmindz from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
17.1 In the event of any dispute, controversy or claim arising out of or relating to these Terms or the services provided by Fortmindz, the parties shall first attempt to resolve the matter through good-faith negotiation for a period of 30 days from the date on which either party notifies the other of the dispute in writing.
17.2 If the dispute is not resolved through negotiation within 30 days, either party may refer the matter to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement, or in the absence of agreement, by the appropriate appointing authority under the Act. The seat and venue of arbitration shall be Kolkata, West Bengal, India. The language of the arbitration shall be English.
17.3 Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction pending the outcome of arbitration.
18.1 Fortmindz reserves the right to update or modify these Terms of Use at any time.
18.2 For material changes that affect the rights or obligations of existing clients, Fortmindz will provide at least 30 days’ prior written notice by email to the contact address on record.
18.3 Continued use of the website or services after changes are posted and any applicable notice period has elapsed constitutes acceptance of the updated Terms.
18.4 If you do not agree to the updated Terms, you must cease using the website and notify Fortmindz in writing within the notice period.
For any questions or concerns regarding these Terms of Use, please contact:
Fortmindz Private Limited
Suite 604 & 1403, Sidco Global Tower, CN-8/2, CN Block, Sector V
Bidhannagar, Kolkata, West Bengal 700091, India
Email: hello@fortmindz.com
Legal / Compliance: dpo@fortmindz.com
Phone: +91 7003123020
Website: https://www.fortmindz.com
CIN: U72900WB2022PTC258288
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